Deuteronomy 25:2 - Divine justice limits punishment

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Hebrew Text

וְהָיָה אִם־בִּן הַכּוֹת הָרָשָׁע וְהִפִּילוֹ הַשֹּׁפֵט וְהִכָּהוּ לְפָנָיו כְּדֵי רִשְׁעָתוֹ בְּמִסְפָּר׃

English Translation

And it shall be, if the wicked man be worthy to be beaten, that the judge shall cause him to lie down, and he shall be beaten in his presence, according to his fault, by a certain number.

Transliteration

Vehaya im-bin hakot harasha vehipilo hashofet vehikahu lefanav kedei rishato bemispar.

Hebrew Leining Text

וְהָיָ֛ה אִם־בִּ֥ן הַכּ֖וֹת הָרָשָׁ֑ע וְהִפִּיל֤וֹ הַשֹּׁפֵט֙ וְהִכָּ֣הוּ לְפָנָ֔יו כְּדֵ֥י רִשְׁעָת֖וֹ בְּמִסְפָּֽר׃

Parasha Commentary

Context and Overview

The verse (Devarim 25:2) discusses the judicial punishment of lashes (malkot) for certain transgressions. This form of punishment is administered by the court (beit din) as a means of atonement and correction for the offender. The Torah emphasizes proportionality—the lashes must correspond to the severity of the sin ("according to his fault, by a certain number").

Key Interpretations from Classical Commentators

Rashi explains that the phrase "if the wicked man be worthy to be beaten" implies that the court must first determine the offender's physical capacity to endure the lashes. The Torah uses the term "בן הכות" ("worthy to be beaten") rather than simply "wicked," teaching that the court must assess whether the person can withstand the punishment without undue harm.
Rambam (Hilchot Sanhedrin 16:1-2) elaborates on the procedure: the offender is tied in a prescribed manner ("he shall cause him to lie down"), and the lashes are administered in the presence of the judge to ensure proper execution. The number of lashes is up to 39 (based on the principle of "במספר"—"by a certain number"), but the court may reduce them based on the offender's strength.
Talmud (Makkot 22b) derives from this verse that lashes are given in multiples of three, as the word "במספר" (by number) hints at a countable, divisible amount. The maximum is 39, corresponding to the gematria (numerical value) of the word "טטפת" (tefillin straps, symbolizing discipline).

Purpose and Ethical Considerations

The punishment is not merely punitive but corrective. The Sefer HaChinuch (Mitzvah 595) explains that lashes serve to humble the sinner and inspire repentance. The public nature of the punishment ("in his presence") reinforces societal awareness of justice while ensuring the court's supervision prevents excessive cruelty.

Midrashic Insight

The Midrash Tanchuma (Mishpatim 3) connects this verse to the broader principle of divine justice: just as human courts administer measured punishments, so too does Hashem judge with precision. The limitation on lashes reflects the Torah's mercy—even in discipline, there is a boundary.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Makkot 22b

The verse is discussed in the context of the laws regarding flogging (malkot) and the limitations on the number of lashes that can be administered.

📖 Sanhedrin 10a

The verse is referenced in discussions about the judicial process and the authority of judges to administer corporal punishment.

Frequently Asked Questions

Q: What does Deuteronomy 25:2 mean?
A: Deuteronomy 25:2 describes the judicial punishment of lashes (malkot) for certain sins. The verse explains that if a person is found guilty of a transgression deserving lashes, the court must oversee the punishment, which is administered in a controlled manner—limited in number and proportionate to the severity of the sin. Rashi explains that the phrase 'according to his fault' means the lashes must fit the crime, not exceeding what is just.

Q: Why is the number of lashes limited in this verse?
A: The Torah limits the number of lashes to prevent excessive punishment and to emphasize justice and compassion. The Talmud (Makkot 22b) states that the maximum number of lashes is 39 (based on a drasha from the verse), as any more would be degrading. Rambam (Hilchot Sanhedrin 17:1) explains that the court must assess the offender’s physical ability to endure the lashes, further demonstrating the Torah’s concern for human dignity even in punishment.

Q: What can we learn from Deuteronomy 25:2 about justice?
A: This verse teaches that justice must be measured and fair. The requirement for the judge to oversee the punishment ensures accountability, while the limitation on lashes prevents cruelty. The Midrash (Sifrei Devarim 285) highlights that the Torah’s system of justice balances discipline with mercy, teaching that correction—not vengeance—is the goal of punishment.

Q: Does this law of lashes apply today?
A: In practice, Jewish courts (Beit Din) do not administer lashes today due to the absence of the Sanhedrin and the precise requirements for carrying out this punishment. However, the principles behind the law—fairness, proportionality, and the importance of judicial oversight—remain central to Halacha (Jewish law) and ethical conduct. Rambam (Hilchot Teshuva 4:2) also explains that sincere repentance can nullify the need for punishment.